International Trade

  • February 10, 2016

    WTO Boss Aims To Turn Page Following Doha Collapse

    In the World Trade Organization’s first full meeting since effectively abandoning the Doha Round of global trade talks at last year’s ministerial conference, Director-General Roberto Azevedo on Wednesday struck a confident tone about the multilateral body’s future as a negotiating forum.

  • February 10, 2016

    Hyperdynamics Arm Must Arbitrate Contract Claims, Court Told

    An English oil company being sued in Texas federal court over an African drilling contract it allegedly quit because of a Foreign Corrupt Practices Act investigation into its U.S. partner asked a judge to throw the partner's case out on Tuesday, saying it failed to arbitrate the dispute as it had agreed to do.

  • February 10, 2016

    Senate OKs Bill To Extend US Privacy Rights To EU Citizens

    The U.S. Senate on Tuesday unanimously passed legislation that would give European Union citizens the right to sue over U.S. privacy violations related to information shared with the U.S. for law enforcement purposes.

  • February 10, 2016

    EU Opens Public Consultation Into China's Market Status

    The European Union on Wednesday turned to the public for input on whether the government should change course and begin treating China as a market economy in its anti-dumping probes later this year, a decision that will have big implications for the Brussels trade regime.

  • February 10, 2016

    Feds Drops More Charges In $24M Iran Export Suit

    Federal prosecutors sought to dismiss charges against three companies Tuesday for allegedly violating Iran trade sanctions by importing microelectronics to the country, following a pair of pardons in the case amid a deal with Iran that freed several imprisoned Americans.

  • February 10, 2016

    CFTC, Europe Hatch Accord On Clearing Rules

    U.S. and European derivatives regulators on Wednesday announced a long-awaited plan to harmonize key regulations concerning the central clearing of swaps agreements and other instruments, settling years of intense negotiations in which the future of cross-border derivatives trading was at stake.

  • February 9, 2016

    DC Circ. Ruling Gives FCA Defendants An Easy Out, US Says

    The federal government asked the D.C. Circuit on Monday to undo its reversal of a $580,000 statutory damages award in a False Claims Act case against a water pump company, saying an appellate panel twisted the law’s purpose in permitting the company to claim ignorance of fraudulent conduct.

  • February 9, 2016

    Feds To Probe Dirt Cheap Off-Road Tires From China, India

    The International Trade Commission will investigate whether China, Sri Lanka and India are dumping off-road tires in the U.S. at below-market prices, according to a Federal Register notice to be published this week. 

  • February 9, 2016

    Final Obama Budget Offers Mixed Bag For Trade Agenda

    While President Barack Obama's last budget proposal unveiled Tuesday arms the U.S. Trade Representative with $59 million as it moves to implement the Trans-Pacific Partnership, it will likely put trade remedy attorneys in a bind as it chips away at the U.S. Department of Commerce's enforcement resources.

  • February 9, 2016

    Hyperdynamics Unit Says Partner Is Hindering Contract Row

    A unit of Houston-based oil and gas driller Hyperdynamics Corp. accused Tullow Guinea Ltd. in Texas federal court Monday of trying to stall proceedings in a case alleging the company and another partner driller used a Foreign Corrupt Practices Act investigation as an excuse to fall through on a petroleum exploration agreement.

  • February 9, 2016

    Commerce Ends Investigation Into Duties On Mexican Bricks

    The U.S Department of Commerce will rescind an administrative review of an anti-dumping duty order on certain magnesia carbon bricks from Mexico initiated in November after the petitioners withdrew their request for review, the agency has announced.

  • February 9, 2016

    US Anti-Terror Efforts Destroy Banks, Andorran Investors Say

    The U.S. routinely destroys banks without giving them a chance to defend themselves, like one in Andorra that failed after being deemed a prime risk for use by terrorists and criminals to launder money, lead investors in the collapsed bank argued Monday.

  • February 9, 2016

    $6.5B Argentina Deal Attacked By Class Action Counsel

    Argentina’s proposed $6.5 billion settlement with holdout bondholders was attacked Monday in New York court by plaintiffs' counsel overseeing a series of separate class action lawsuits over the country’s 2001 default, saying the deal would undermine injunctions intended to make sure parties are treated equally.

  • February 9, 2016

    Romania Says It Has Honored $200M Award In Investor Row

    The Romanian government urged a New York federal judge Monday to declare that it has satisfied an arbitration award of more than $200 million to two Swedish food industry investors over revoked economic incentives, saying it had taken legislative actions such as tax setoffs to satisfy the award.

  • February 9, 2016

    CFTC Lets Korea Exchange Members Solicit In US

    The Commodity Futures and Trading Commission will allow designated Korea Exchange members to sell futures and options products directly to U.S. customers without registering as futures commissions merchants, the agency said Monday, finding U.S. and South Korean regulations sufficiently similar.

  • February 9, 2016

    Costco Slams Generic Lipitor Labeling Suit

    Costco on Monday blasted a former attorney’s move for a win in his suit claiming the retailer and drugmaker Apotex Corp. sold generic Lipitor made overseas without proper labeling, telling a California federal judge that he blatantly flouted local court rules.

  • February 8, 2016

    Facebook Gets 3 Months To Fix France's Data Transfer Qualms

    France’s privacy regulator on Monday set a three-month deadline for Facebook to cease its reliance on the recently-invalidated trans-Atlantic safe harbor data transfer mechanism, stop tracking the Internet browsing activities of nonusers and make several other changes to fall into step with the country’s data protection law.

  • February 8, 2016

    US, India Talk Settlement In WTO Solar Row

    A World Trade Organization decision on the legality of India’s solar energy program has been delayed as officials in New Delhi hold meetings with the Obama administration in an attempt to reach a mutual resolution, the U.S. trade representative’s office said Monday.

  • February 8, 2016

    TPP's Tobacco Carveout Could Rock Arbitration Landscape

    The Trans-Pacific Partnership's investment chapter includes a first-of-its-kind passage barring companies from lodging challenges against tobacco control measures, a provision that some experts say could pave the way for similar product-specific exclusions in the arbitration procedures of future U.S. trade accords. 

  • February 8, 2016

    Fed. Circ. Extinguishes Challenge To Ironing Board Duties

    The Federal Circuit on Monday unanimously tossed a challenge to U.S. anti-dumping duties on imported ironing boards, shutting down arguments from a pair of Chinese manufacturers that the tariffs were the result of faulty methodology from the U.S. Department of Commerce.

Expert Analysis

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • A Deep Dive Into SEC’s Latest Mining Disclosure Proposal

    Michael R. Littenberg

    Late last year, the U.S. Securities and Exchange Commission issued its long-awaited proposed rule on the disclosure of resource extraction payments by public companies — the SEC’s second bite at the apple after an earlier rule was vacated in court. Michael Littenberg and Marvin Tagaban of Ropes & Gray LLP detail the scope and requirements of the new proposal and what companies should be doing now.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • The Rising Use Of Reference Pricing For Imported Goods

    Jini Koh

    The recent trend in countries, most recently Mexico, publicly acknowledging the use of reference pricing or similar mechanisms to impute a customs value on import transactions has become a growing point of discussion between industry and customs authorities within the World Trade Organization and World Customs Organization, says Jini Koh at Crowell & Moring LLP.

  • In Congress: Energy, Nutrition, North Korea

    Richard A. Hertling

    North Korea's successful rocket launch Sunday follows on the heels of its alleged hydrogen bomb test in January. House-passed legislation being considered in the Senate this week would impose stricter sanctions on the country. The bill also extends authority to the president to sanction individuals engaging in financial transactions to support any of North Korea’s illicit activities or cyberthreats, say Richard Hertling and Kaitlyn... (continued)

  • New Regulations Create Business Opportunities In Cuba

    Lori Scheetz

    Though hurdles remain, the fairly extensive list of goods that may be authorized for export to Cuba — thanks to recent changes in U.S. Bureau of Industry and Security regulations — combined with a shift from a general policy of denial to a general policy of approval and the fact that these sales may now be made to government entities, create new possibilities for U.S. companies seeking to enter the Cuban market, says Lori Scheetz a... (continued)

  • Congress Loses Its COOL

     Matthew I. Kaplan

    Congress recently repealed the country-of-origin labeling rule for beef and pork, partially in response to the threat of retaliatory tariffs from Canada and Mexico. But COOL requirements are still in effect for other commodities and whether other countries will follow Canada and Mexico to obtain COOL repeal for these products remains to be seen, say Matthew Kaplan and Ndubisi Ezeolu at Tucker Ellis LLP.

  • The Calm Before The Storm: Responding To An ITC Complaint

    Adkins, Steven, steptoe.jpg

    When a Section 337 complaint is filed with the U.S. International Trade Commission, the ITC has 30 days to evaluate the complaint before starting an investigation. A company sued at the ITC should make maximum use of this period, as once the investigation starts it proceeds at a much quicker pace than most U.S. court proceedings, say Steven Adkins and Matthew Bathon at Steptoe & Johnson LLP.

  • TPP Dispute Resolution: Settlement Mechanism Vs. WTO


    The Trans-Pacific Partnership's dispute settlement mechanism may provide a faster and more transparent forum to resolve state-to-state disputes than that of the World Trade Organization, but with its well-developed procedures and appeal mechanism, the WTO may well remain a forum of choice for those that prize consistency and predictability in dispute resolution, say attorneys at Sidley Austin LLP.

  • EU-US Negotiations Could Shake Up US Insurance Regulation

    Donald B. Henderson

    Entering into a covered agreement with the European Union could have a significant impact on the current U.S. state-based system of insurance regulation, since the covered agreement — which will be negotiated by U.S. federal authorities — could result in the preemption of certain state insurance laws, say attorneys at Willkie Farr & Gallagher LLP.